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July 2016
Land Use Developments
July 5, 2016 – Court Rejects City’s Anti-SLAPP Claim Regarding Would-Be NFL Stadium in Carson
July 5, 2016 – Development Project May be Declared Consistent with General Plan Even if Quantitative Standards Exceeded
July 14, 2016 – Court Rejects General Plan Consistency Challenge Regarding City’s Approval of Franchise Retail Store Where Applicable Economic Development Goals and Policies are Alleged to Favor Small, Independent Businesses
July 21, 2016 – Unsubstantiated Challenges to an Agency’s Conditional Use Permit Findings Will Not Fly
July 28, 2016 – Prevailing Parties in Land Use Litigation May Recover Attorney’s Fees for Preparation of Administrative Record
CEQA Developments
July 8, 2016 – Supreme Court CEQA Subsequent Review Case Briefing Completed And Case Submitted (Apparently)
July 11, 2016 – AEP Launches New CEQA Portal Website As Compliance Resource
July 13, 2016 – CEQA Remedies Statute Does Not Authorize Appellate Court To Issue Writ And Supervise Compliance On Direct Appeal, Holds Second District In Partially Published Decision On Remand In Newhall Ranch Case
July 14, 2016 – Fourth District Holds Non-Expert Opinion Fails To Support “Fair Argument” Under CEQA That Approval of Non-Regional Retail Store In Joshua Tree Would Cause Urban Decay
July 26, 2016 – Discovery Rule Does Not Postpone Accrual of CEQA Cause of Action; Events Specified In CEQA Statute of Limitations Provide Constructive Notice of Project Approval or Commencement
July 27, 2016 – Second District Upholds Application of CEQA’s Class 3 Categorical Exemption For New Small Structures To City’s Approval of Small Car Wash/Coffee Shop Project, Rejects Appellants’ Attempt To Invoke Unusual Circumstances Exception
About the Authors
Bryan W. Wenter, AICP
Bryan W. Wenter is a shareholder in Miller Starr Regalia’s Walnut Creek office and a member of the firm’s Land Use Practice Group. His areas of expertise include general plans and specific plans, planned development zoning, vested rights, subdivision maps, development impact fees and exactions, conditional use permits, variances, initiatives and referenda, RLUIPA, CEQA, Ralph M. Brown Act, and Public Records Act. He previously served as City Attorney and Assistant City Attorney for the City of Walnut Creek.
Arthur F. Coon
Arthur F. Coon is the Co-Chair of Miller Starr Regalia’s Land Use Practice Group and Chair of its Appellate Practice Group. Art has distinguished himself over a nearly 30-year career as a top CEQA and land use law litigator at the trial and appellate levels of both federal and state courts, including an appearance as counsel of record before the U.S. Supreme Court. His areas of expertise include land use, environmental law, the law of public agencies, extraordinary writs, and the California Environmental Quality Act (CEQA).
Miller Starr Regalia
Miller Starr Regalia has had a well-established reputation as a leading real estate law firm for more than fifty years. For nearly all that time, our firm has written Miller & Starr, California Real Estate 4th, a 12-volume encyclopedia on California real estate law. We call it “the Book.” The Book is the most widely used and judicially recognized real estate treatise in California and is cited by practicing attorneys and courts throughout the state. Our firm has expertise in all real property matters, including full-service litigation and dispute resolution services, transactions, acquisitions, dispositions, leasing, common interest development, construction, management, title insurance, environmental law, and redevelopment and land use. For more information, visit www.msrlegal.com. |
